SUPREME COURT OF QUEENSLAND
CITATION:
R v Noble; Ex parte Attorney-General (Qld) [2017] QCA 86
PARTIES:
R
v
NOBLE, Thomas Adrian
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 267 of 2016
DC No 164 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by Attorney-General (Qld)
ORIGINATING COURT:
District Court at Ipswich – Date of Sentence: 6 September 2016
DELIVERED ON:
12 May 2017
DELIVERED AT:
Brisbane
HEARING DATE:
17 March 2017
JUDGES:
Gotterson and McMurdo JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – EXERCISE OF DISCRETION – GENERALLY – where the respondent pleaded guilty to 15 counts of serious animal cruelty arising from greyhound live baiting on the respondent’s property – where the respondent was sentenced to three years’ imprisonment wholly suspended for an operational period of five years – where the sentencing judge took into account many relevant factors, including the respondent’s early and continued guilty plea, his mental and physical health, his role as primary carer of his wife, his loss of livelihood, lifestyle and social structure and the vilification within, and ostracism from, the greyhound racing industry that he has experienced – where the sentencing judge also took into account the need for public denunciation and general deterrence – where the appellant contends the matters in mitigation did not justify a wholly suspended sentence – whether the sentence imposed was manifestly inadequate
Criminal Code (Qld), s 242, s 669A
R v Chapman, unreported, Bradley DCJ, DC 471 of 2015, 24 June 2016, cited
R v F, unreported, Bradley DCJ, DC 108 of 2016, 1 April 2016, cited
R v Goodwin; Ex parte Attorney-General (Qld) (2014) 247 A Crim R 582; [2014] QCA 345, cited
R v Guthrie (2002) 135 A Crim R 292; [2002] QCA 509, cited
R v Roberts, unreported, Koppenol DCJ, DC 395 of 2015, 13 November 2015, cited
R v Talia [2009] VSCA 260, distinguished
R v Yarwood (2011) 220 A Crim R 497; [2011] QCA 367, citedCOUNSEL:
M R Byrne QC for the appellant
A J Edwards for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Hannay Lawyers for the respondent
GOTTERSON JA: On 30 August 2016 in the District Court at Ipswich, the respondent, Thomas Adrian Noble, pleaded guilty to 15 counts of offences against s 242(1) of the Criminal Code (Qld) (“the Code”). Counts 1, 6, 9, 10, 12 and 13 alleged that the respondent with intent to inflict severe pain or suffering, unlawfully caused prolonged suffering to an animal on 20 and 22 August, and 6, 8, 10 and 12 October 2014 respectively at Churchable. Counts 2, 3, 4, 5, 7, 8, 11, 14 and 15 alleged that he with intent to inflict severe pain or suffering, killed an animal on…
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- AGLC
- R v Noble; Ex parte [2017] QCA 86
- Case
- [2017] QCA 86
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed by the sentencing judge was appropriate and justified under the circumstances. The court had to consider the various factors taken into account by the sentencing judge, including the respondent's early and continued guilty plea, his mental and physical health, his role as the primary carer for his wife, the loss of his livelihood, lifestyle, and social structure, as well as the vilification and ostracism he had experienced within the greyhound racing industry. The court also had to evaluate the need for public denunciation and general deterrence in the context of this case.
The court determined that the sentencing judge had appropriately weighed all relevant factors in determining the sentence. The court held that the sentence imposed was not manifestly inadequate, considering the comprehensive assessment made by the sentencing judge. The court emphasised the importance of a balanced approach in sentencing, which includes taking into account both the nature of the offence and the personal circumstances of the offender. The court found that the sentence reflected a fair and proportionate response to the respondent's conduct and the relevant mitigating factors.
The appeal was dismissed, affirming the sentence imposed by the original sentencing judge. The court's decision underscored the importance of a comprehensive and balanced approach in sentencing, taking into account both the gravity of the offence and the personal circumstances of the offender.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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